Artists and the Challenge of Using Copyrighted Material: Fair Use to the Rescue

Collage, documentary film, art history scholarship, arts journalism, remix, Last Week Tonight—none of it could happen without fair use.

Fair use, the right to employ copyrighted material without permission or payment under some circumstances, is widely used throughout U.S. creative practice. But how do you decide when fair use is really fair, and how risky is it, especially after the Supreme Court's Warhol decision last year?

During this event, Patricia Aufderheide will explain the ordinary logic of fair use today and introduce you to some arts-friendly codes of best practices in fair use to help you with your decisions. Aufderheide wrote Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press) with Peter Jaszi; their work helped to transform the practice of many creatives, freeing them to use the law to make better work. 

When you register for this event, you can submit questions about how fair use works. But save your questions about your own decisions for a lawyer you hire; as with all educational presentations, this will not be individual legal advice.

Event Breakdown

What: Artists and the Challenge of Using Copyrighted Material: Fair Use to the Rescue

When: February 21, 2024 6:00 PM - 7:30 PM ET

Where: Online via Zoom Webinar

Audience: Artist who uses material that is under copyright to others in their own work: collage artists, writers, documentary film and video makers, multidisciplinary artists.

Cost: $20 for NYFA-affiliated artists (Fiscally Sponsored, NYC Women's Fund, NYSCA/NYFA Artist Fellows, Immigrant Artist Mentoring Program artists) and $25 for the general public.

Register: Click here to register. You will receive an email with information about how to access this webinar before the event. You may attend the session(s) using either a Mac or PC computer (with speakers), standard phone, smartphone, or tablet device. This webinar takes place on Zoom. Strong wifi or hard-wired Internet connection is preferred. 

Questions: Email sponsorship@nyfa.org

Recording: This webinar will be recorded and shared with all previously-registered participants after the session concludes. The recording will be available for viewing up to 30 days after the scheduled date and will not be available for download. A recording of this event will not be available for purchase after the event registration closes. 

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Presenter Bio

Patricia Aufderheide is University Professor in Communication at American University in Washington, D.C. She is the founder of the Center for Media & Social Impact there. She is co-author with Peter Jaszi of Reclaiming Fair Use: How to Put Balance Back in Copyright (University of Chicago Press, July 2011), and author of, among others, Documentary: A Very Short Introduction (Oxford, 2007). She has been a Fulbright and John Simon Guggenheim fellow; she has been a juror at film festivals, including Sundance Film Festival. She has received numerous journalism and scholarly awards, including the Preservation and Scholarship award from the International Documentary Association, a career achievement award from the International Digital Media and Arts Association, the Woman of Vision Award from Women in Film and Video (DC), and the George Stoney award for documentary from the University Film and Video Association. Aufderheide serves on the board of directors of public broadcasting's Independent Television Service (ITVS), which coproduces documentaries under the aegis of the Corporation for Public Broadcasting. She has served on the board of directors of Kartemquin Films, a leading independent social documentary production company, and on the film advisory board of the National Gallery of Art. She is on the editorial board of a variety of publications, including Communication Law and Policy and In These Times newspaper.

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By registering for this event, you acknowledge that your email address will be added to the NYFA mailing list to receive NYFA's free bi-weekly e-newsletter, NYFA News. The newsletter features news about programs and events that are free and open to the public and professional development and awards opportunities for artists. You can unsubscribe from this list at any time. 

The New York Foundation for the Arts (NYFA) was established in 1971 to empower artists at critical stages in their creative lives. Today, the nonprofit organization’s programs and services are far-reaching and are rooted in a wealth of physical and online resources. This program is part of NYFA Fiscal Sponsorship, which increases funding opportunities for individual artists and emerging arts organizations in all disciplines by allowing them to raise funds using NYFA's tax-exempt status as a 501(c)(3)-classified organization.

Image Detail: Beth Katleman (Fellow in Craft/Sculpture '23); "Fortuna, detail: Morning Room Cartouche;" 2021; porcelain and wire

Photo credit Aufderheide headshot: Jean Tsien